IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13819 of 2006(T)
1. D.INDIRA, SENIOR CLERK, PANACHAMOODU
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE JOINT REGISTRAR OF CO-OPERATIVE
3. BEENA.S. BRANCH MANAGER,
4. PADMAJA DEVI, SENIOR CLERK,
5. PANACHAMOODU SERVICE CO-OPERATIVE BANK
For Petitioner :SRI.N.NANDAKUMARA MENON
For Respondent :SRI.PIRAPPANCODE V.SREEDHARAN NAIR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/03/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO. 13819 OF 2006
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DATED THIS THE 5th DAY OF MARCH, 2007
JUDGMENT
This writ petition relates to a dispute regarding seniority between
the petitioner on the one hand and the 4th respondent on the other.
Both of them are employees of the 5th respondent Co-operative Bank.
The petitioner is a regularly recruited person and 4th respondent is a
person who has been appointed in a dying in harness vacancy. The
contention of the petitioner is that the 4th respondent was appointed
without prior concurrence of the Registrar of Co-operative Societies as
contemplated under Rule 188A of the Kerala Co-operative Societies
Rules and therefore her appointment can be held to be valid only from
the date of actual concurrence given by the Joint Registrar. Learned
Counsel for the 4th respondent submits that the application by the
Society for concurrence was forwarded to the Joint Registrar prior to
her actual appointment and therefore the delay at the hands of the
Joint Registrar cannot prejudice her rights.
2. I am not inclined to go into the merits of the rival
contentions in this writ petition, since the petitioner has an effective
alternate remedy by way of filing a petition under Section 69 of the
W.P.(c)13819/06 2
Kerala Co-operative Societies Act before the Arbitration Court.
Therefore, without prejudice to such right of the petitioner to
approach the Arbitration Court under Section 69 of Kerala Co-
operative Societies Act this writ petition is dismissed. If the
petitioner files a petition under Section 69 before the Arbitration
Court, within three weeks from the date of the receipt of a copy of
this judgment, the Arbitration Court shall decide the disputes
between the petitioner and the 4th respondent, on merits, as one
filed within time as expeditiously as possible.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)13819/06 3